One of the criteria to qualify for deferred action as a childhood arrival is continuous residence. Continuous residence will not be considered interrupted is one’s absence is “brief, casual, and innocent.

According to USCIS guidelines, absence will be considered brief, casual, and innocent if it was before August 15, 2012, and:

The absence was short and reasonably calculated to accomplish the purpose for the absence;

The absence was not because of an order of exclusion, deportation, or removal;

The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and

The purpose of the absence and/or your actions while outside the United States were not contrary to law.

To qualify for consideration, one must meet the seven (7) criteria. The criteria are listed here.

When can application be submitted?

Application for consideration can be submitted starting Aug. 15, 2012.

What is the filing fee?

The filing fee as of Aug. 16, 2012 is $465.

Do I get a greencard if my application is granted?

No. If application is granted, applicant will be offered deferred action, which means that applicant will not be deported for two years. The applicant will also be able to work legally in the US. Applicant may renew this status at the end of the two year period.

Will I be place in removal proceeding if my application is rejected?

According to USCIS brochure, if your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.

To qualify for consideration for deferred action for childhood arrival, one must meet the following criteria:

1. Born after June 15, 1981;2. Arrived in the United States before the age of 16;3. Have continuously resided in the United States since June 15, 2007, up to the present time;4. Were present in the United States on June 15, 2012;5. Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;6. Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and7. Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.

One of the problem facing a lot of foreign young entrepreneur who wishes to relocate to/remain in US is that there is no visa that is directly set up for them. The EB5 investor visa threshold is too high for these new startups, and one cannot sponsor himself/herself for H1B visa. While forming a corporation or partnership and file H1b and EB2/EB3 visa through that entity is an option, it involves finding trustworthy partners and giving up one’s control of the company. Due to these restraints and obstacles a lot of young startups give up the idea of relocating to US. This not only negatively impact US economy by discouraging up-and-coming businesses from coming to US but also take away new employment opportunities for US citizens.

The Obama Jobs Council acknowledges this issue and address it by calling for eased immigration rules for high-skilled foreigners, including automatic work permits or provisional visas to all foreign students after they earn science, technology, engineering or math degrees from U.S. colleges or universities. The report states “when it comes to driving jobcreation and increasing American competitiveness, separating the highly skilled worker component is critical. We therefore call upon Congress to pass reforms aimed directly at allowing the most promising foreign-born entrepreneurs to remain in or relocate to the United States.”